This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

36619

Vol. 63, No. 129

Tuesday, July 7, 1998

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–179–AD]

RIN 2120–AA64

Airworthiness Directives; de Havilland

Model DHC–8–100, –200, and –300

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all de

Havilland Model DHC–8–100, –200, and

–300 series airplanes. This proposal

would require installation of a placard

on the instrument panel of the cockpit

to advise the flightcrew that positioning

of the power levers below the flight idle

stop during flight is prohibited. This

proposal also would require eventual

installation of a system that would

prevent such positioning of the power

levers during flight. Such installation

would terminate the requirement for

installation of a placard. This proposal

is prompted by reports of operation of

the airplane with the power levers

positioned below the flight idle stop

during flight. The actions specified by

the proposed AD are intended to

prevent such positioning of the power

levers below the flight idle stop during

flight, which could cause engine

overspeed, possible engine damage or

failure, and consequent reduced

controllability of the airplane.

DATES: Comments must be received by

October 5, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

179–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

Information concerning this proposed

rule may be examined at the FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington;

or at the FAA, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York.

FOR FURTHER INFORMATION CONTACT:

James E. Delisio, Aerospace Engineer,

Airframe and Propulsion Branch, ANE–

171, FAA, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7521; fax

(516) 568–2716.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–NM–179–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

98–NM–179–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The FAA has received reports of

operation of the airplane with the power

levers positioned below the flight idle

stop during flight on de Havilland

Model DHC–8–100, –200, and –300

series airplanes. One report indicated

that such operation resulted in

significant engine damage.

When the power levers are positioned

below the flight idle stop during flight,

the propellers operate in the beta range.

Under these conditions, it is possible for

air loads to back-drive the propeller,

which could result in overspeed of the

propeller and power turbine of the

engine. (‘‘Beta,’’ as defined in this

proposed rule, is the range of propeller

operation intended for use during taxi,

ground idle, or reverse operations, as

controlled by the power lever settings

aft of the flight idle stop.)

Operation of the propellers in the beta

range during flight due to positioning of

the power levers below the flight idle

stop, could result in engine overspeed,

possible engine damage or failure, and

consequent reduced controllability of

the airplane.

U.S. Type Certification of the Airplane

This airplane model is manufactured

in Canada and is type certificated for

operation in the United States under the

provisions of § 21.29 of the Federal

Aviation Regulations and the applicable

bilateral airworthiness agreement. The

FAA has reviewed all available

information and determined that AD

action is necessary for products of these

type designs that are certificated for

operation in the United States.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would require

installation of a placard on the

instrument panel of the cockpit to

advise the flightcrew that positioning of

the power levers below the flight idle

stop during flight is prohibited.

Additionally, the proposed AD would

require eventual installation of an FAAapproved system that would prevent
36620 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 / Proposed Rules

such positioning of the power levers

during flight. Installation of that system

would eliminate the requirement for

installation of the placard. Installation

of such an FAA-approved system would

be required to be accomplished in

accordance with a method approved by

the FAA.

Additionally, the FAA has included a

provision [paragraph (c) of the proposal]

for Master Minimum Equipment List

(MMEL) relief in the event the system

proposed in paragraph (b) of the

proposal malfunctions or the use of an

override (if installed) has been

necessary. If provision is not made for

MMEL relief, the system required by

paragraph (b) would be required all of

the time. Absence of such MMEL relief

could create a burden for operators if

required maintenance or repair was not

readily available at certain airports or

locations. The proposed MMEL relief is

based on the condition that the existing

manual power lever flight idle gate and

lifting finger trigger latch design is

retained and remains fully functional.

This is consistent with the current

MMEL that makes no mention of the

flight idle gate and lifting finger trigger

latch design, which means these devices

must be operational at all times.

Cost Impact

The FAA estimates that 185 de

Havilland Model DHC–8–100, and –200,

and –300 series airplanes of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 1 work hour per airplane

to accomplish the installation of the

placard, and that the average labor rate

is $60 per work hour. Based on these

figures, the cost impact of the proposed

placard installation on U.S. operators is

estimated to be $11,100, or $60 per

airplane.

Since the manufacturer has not yet

developed a specific system

commensurate with the requirements of

this proposal, the FAA is unable to

provide specific information as to the

number of work hours or cost of parts

that would be required to accomplish

the proposed installation. However,

based on similar installations of such

systems accomplished previously on

other airplane models, the FAA can

reasonably estimate that approximately

130 work hours per airplane may be

necessary to accomplish the system

installation. The FAA also estimates

that required parts would cost

approximately $10,000 per airplane.

Based on these figures, the cost impact

of the proposed system installation on

U.S. operators is estimated to be

$3,293,000, or $17,800 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

The FAA recognizes that the

obligation to maintain aircraft in an

airworthy condition is vital, but

sometimes expensive. Because AD’s

require specific actions to address

specific unsafe conditions, they appear

to impose costs that would not

otherwise be borne by operators.

However, because of the general

obligation of operators to maintain

aircraft in an airworthy condition, this

appearance is deceptive. Attributing

those costs solely to the issuance of this

AD is unrealistic because, in the interest

of maintaining safe aircraft, prudent

operators would accomplish the

required actions even if they were not

required to do so by the AD.

A full cost-benefit analysis has not

been accomplished for this proposed

AD. As a matter of law, in order to be

airworthy, an aircraft must conform to

its type design and be in a condition for

safe operation. The type design is

approved only after the FAA makes a

determination that it complies with all

applicable airworthiness requirements.

In adopting and maintaining those

requirements, the FAA already has

made the determination that they

establish a level of safety that is costbeneficial. When the FAA, as in this

proposed AD, makes a finding of an

unsafe condition, this means that the

original cost-benefit level of safety is no

longer being achieved and that the

proposed actions are necessary to

restore that level of safety. Because this

level of safety has already been

determined to be cost-beneficial, a full

cost-benefit analysis for this proposed

AD would be redundant and

unnecessary.

Regulatory Impact

The regulations proposed herein

would not have substantial direct effects

on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. Therefore,

in accordance with Executive Order

12612, it is determined that this

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the Federal Aviation Regulations

(14 CFR part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

De Havilland: Docket 98–NM–179–AD.

Applicability: All Model DHC–8–100,

–200, and –300 airplanes, certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent positioning of the power levers

below the flight idle stop during flight, which

could cause engine overspeed, possible

engine damage or failure, and consequent

reduced controllability of the airplane,

accomplish the following:

(a) Within 30 days after the effective date

of this AD, install a placard in a prominent

location on the instrument panel of the

cockpit that states:

Positioning of the power levers below the

flight idle stop during flight is prohibited.
Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 / Proposed Rules 36621

Such positioning may lead to loss of airplane

control, or may result in an engine overspeed

condition and consequent loss of engine

power.

(b) Within 1 year after the effective date of

this AD, install a system that would prevent

positioning the power levers below the flight

idle stop during flight, in accordance with a

method approved by the Manager, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Following

accomplishment of that installation, the

placard required by paragraph (a) of this AD

may be removed.

(c) In the event that the system required by

paragraph (b) of this AD malfunctions, or if

the use of an override (if installed) has been

necessary, the airplane may be operated for

two days to a location where required

maintenance/repair can be performed,

provided the system required by paragraph

(b) of this AD has been properly deactivated

and placarded for flightcrew awareness, in

accordance with the FAA-approved Master

Minimum Equipment List (MMEL).

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, New York

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on June 29,

1998.

Vi L. Lipski,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–17915 Filed 7–6–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–157–AD]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all

Dornier Model 328–100 series airplanes.

This proposal would require repetitive

lubrication of the engine control pushpull cables. This proposal is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to prevent ice from

building up on the engine control pushpull cables, which could result in

friction or jamming of the engine

controls, and consequent reduced

controllability of the airplane.

DATES: Comments must be received by

August 6, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

157–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Fairchild Dornier, Dornier Luftfahrt

GmbH, P.O. Box 1103, D–82230

Wessling, Germany. This information

may be examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–NM–157–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

98–NM–157–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

Germany, notified the FAA that an

unsafe condition may exist on all

Dornier Model 328–100 series airplanes.

The LBA advises that it has received

several reports of ice building up on the

engine control push-pull cables during

flight, which prompted operators to

descend to a lower altitude (higher

temperature) to melt off any build-up.

Investigation revealed that the ice builds

up on and around the conduit seal

housing for the engine control push-pull

cables. Such build-up of ice on the

engine control push-pull cables, if not

corrected, could result in friction or

jamming of the engine controls, and

consequent reduced controllability of

the airplane.

Explanation of Relevant Service

Information

Dornier has issued Alert Service

Bulletins ASB–328–76–022, dated

December 22, 1997, and ASB–328–76–

015, Revision 3, dated January 9, 1998,

which describe procedures for repetitive

lubrication of the engine control pushpull cables at two locations along the

cables. The LBA classified these alert

service bulletins as mandatory and

issued German airworthiness directives

1998–105, dated January 30, 1998, and

1997–148/3, dated February 26, 1998, in

order to assure the continued

airworthiness of these airplanes in

Germany.

FAA’s Conclusions

This airplane model is manufactured

in Germany and is type certificated for

operation in the United States under the

provisions of § 21.29 of the Federal

Aviation Regulations (14 CFR 21.29)

and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,